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Patna High CourtCR. MISC./33171/2018rejected

Ram Yadav v. The State Of Bihar

2018-07-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33171 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Ram Yadav son of Harihar Yadav resident of village - Jhingwa, Ward No. 10, P.S. - Marauna, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 08.03.2018 in connection with Mahila (Supaul) P.S. Case No. 31 of 2018 registered for the offences punishable under Sections 376/511/ 354(B)/341 of the Indian Penal Code as well as Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the case is false and the prosecution against the petitioner has been motivated out of malice.

Diary in the present case was called for which has since been received.

Learned counsel for the State after perusal of the case dairy submits that there is sufficient material in the case dairy to

Patna High Court Cr.Misc. No.33171 of 2018 (4) dt.18-07-2018 2/2 reveal that the petitioner had, in fact, attempted to commit sexual assault/rape on the informant and, therefore, should not be granted the privilege of bail.

Having considered all facts and circumstances of the case, I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T